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Ben Jones, Solicitor

Category: UK Law

Satisfied Customers: 39385

Experience: Specialist in UK Law with expertise in UK Employment Law

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I received a caution for battery nearly five years ago. I had

Resolved Question:

I received a caution for battery nearly five years ago. I had an argument with my then wife that ended up with us tussling in the kitchen. No physical damage was done, and I hadn't had a fight since I was fiftenn at school! Though it's unimportant now, she overstated what had happened, and it was a violent relationship, with me on the receiving end. I am applying for a job that asks if I have any convictions or cautions, as some jobs MAY need to be vetted (it's with a uni, wokring to place students with businesses). I feel I should tick yes to the question, but would like some advice...

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know the exact date of the caution

Customer:

It was 04 April 2008

Customer:

Hello Ben, btw

Ben Jones :

What is the exact wording of the question on the application?

Customer:

Appointments to certain posts, as stated in the advertisement and job description, may be subject to a criminal records check. By submitting your application form to us, you are confirming you accept that where necessary the organisation will seek information from the Disclosure and Barring Service and associated special lists.

Do you have any convictions, cautions, reprimands or final warnings that are not ''protected'' as defined by the Rehabilitation Act 1974 (Exceptions) Order 1975 (as amended in 2013) by SI 2013 1198?

Customer:

Then it gives a yes/no option and a box to specify details...

Ben Jones :

The wording asks if you have any cautions that are not 'protected'. A caution is a "protected caution" if:

It does not relate to a listed offence, such as violent and sexual offences

It was given to a person aged under 18 at the time of the caution and two years or more have elapsed.

It was given to a person aged 18 or over at the time of the caution and six years or more have elapsed.

Assuming you were over 18 at the time of the offence, then 6 years have not elapsed yet and as such the caution is not yet protected. You must therefore disclose it.

Customer:

I thought that might be the case. thankyou for clarifying that. So, after 6 years, so next April, it will cease to be necessary to disclose it? Or, does it count as a violent offence and the 6 years is irrelevent?

Ben Jones :

Hi, just to clarify what was the exact offence - what section/act were you charged under?

Customer:

um, criminal justice act 1988 s.39

Ben Jones :

well the good news is that this is not one of the excepted offences which means once the 6 years have passed it becomes a protected caution

Customer:

Ah! Well that's something. I know the ideal these days is to look at someone's CRB then make a sane judgement, but one can't help feeling that if it's down to me and another applicant, they will get the advantage. One last question! Would this appear on a standard CRB at the moment, or just enhanced? And, what about after 6 years? That's two questions...

Ben Jones :

it will appear on both, after the 6 years have passed it should no longer appear

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